Domestic violence: Will the State drop the charge?

Posted on Dec 27, 2012 10:30am PST

When the police are called because of a domestic violence dispute, you
can count on things getting out of your control. The laws of the State
of Florida and the policies of police agencies presume that when a couple
gets into a fight, violence ensues. In order to avoid any violence from
occurring after they leave, the police will usually arrest one of the
parties and let them cool off in jail. Unfortunately, that’s not
where the story ends.

The courts and prosecutors all fear letting a person out of jail or off
the hook when it comes to a domestic violence battery case. The news is
full of stories involving serious domestic violence cases of assault,
battery, stalking and even murder. As such, elected law makers, prosecutors
and judges treat anyone accused of a domestic violence related offense
as if they are going to do harm to the accuser upon release. Often times
bond amounts are very high and release from jail while awaiting trial
involves home confinement and GPS monitoring, among other restrictions.
Many times, alleged victims are advised to get an injunction, as well.

Even when the alleged victim accuser tells the police that they are not
interested in having a person arrested for a domestic violence charge,
it will usually not stop the arrest. In fact, the police, prosecutors
and judges involved in domestic violence cases will frequently not pay
much attention to an alleged victim who wants the charges dropped. Victims
who want to drop charges are even frequently threatened with DCF action
(when kids are involved), and intimidated and forced under threat of arrest
to cooperate with prosecutors.

If you are involved in a domestic violence battery case, whether as the
accused or as an alleged victim, you may benefit by having an attorney
represent your interests. An accused/arrested person can have a lawyer
seek their release from jail with reasonable conditions, get an injunction
dismissed, and even get the criminal case dropped.

Alleged victims can have an attorney give them an informed voice, assert
their rights under Florida’s Victim Rights Act, and insulate them
from threats and intimidation by the authorities.

Longwell Lawyers are Orlando criminal defense attorneys. Want a free consultation?
Call us to get more information about your rights if you have been involved
in a domestic violence incident.

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